Like many others, you may be told by adjusters that your damages are limited by the CAP. In fact, in many instances that’s simply not true and people are settling for tens of thousands of dollars below the true value of their claims.
The CAP is a limit for general damages on certain types of injuries in certain circumstances. Most people don’t know that even when they suffer the type of injury seemingly described by the CAP legislation, the injury will often fall outside of the CAP, allowing people to recover full value for their injuries. The Cap legislation is specifically aimed at limiting general damages on certain types of injuries and many injuries suffered in an accident are not caught by the CAP. Also, the CAP does not affect recovery for other heads of damages including loss of income, housekeeping costs, costs for various types of treatment and out of pocket expenses. Therefore, despite what you may be told by the adjuster who is working for the insurance company, it is important to contact your lawyer first to discuss the injuries you have suffered and your claim for damages to properly determine if your injuries will be caught by the CAP legislation.